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.cr ~ i SECTION IV MITIGATING FACTORS In anq case, the Assistant Director, Office of Health Protection, reserves the right to consider any mitigating factos in establishing a penalty and has the right to suspend any or all of a penalty. Mitigating factors which may be considered, include, but are not limited to the following: A. Promptness in taking corrective actions. B. Management record (i.e., adequate spare parts, adequate staffing and training, etc). - C. Aay appropriate factor presented by the entity. SECTION V ECONOMIC ADVANTAGE TO ENTITY FOR NOT COMPLYING Estimate say economic benefit or advantage to the entity where appropriate for not complying with their permit effluent limits. The penalty should be set high enough to offset any benefit to the entity. Note that the mazimum penalty by law is not to ezceed $10,000/day. SECTION VI FAILURE TO FLLE REQIILRED REPORTS OR PAY ANNUAL FEES ADMINISTRATIVE (a) Failure to File Required Reports: The penalties which may be assessed for failure to file in timely fashion any report, such as a self-monitoring report, required by regu- lation or the terms of a permit to be tiled with the Department, shall be as follows: 1. Entities who respond to order - - $250 for each delinquent report (each report is a separate viola- tion) regardless of facility size. 2. Entities who do not respond to order- -$500 for each delinquent report (each report is a separate viola- tion), regardless of facility size. (b) Failure To Pay Annual Fees in a timely manner will be handled as follows: 1. No payment within 30 dags- 2. No response after second billing - 3. Still no response after 30 days - 4. St111 no response to NOV/C6D - Send a Second Bill Telephone Call Issue NOV/C&D Revoke Permit and Assess Penalty 53